RCW 46.20.329
Formal hearing—Procedures, notice, stay.
Upon receiving a request for a formal hearing as provided in RCW 46.20.328, the department shall fix a time and place for hearing as early as may be arranged in the county where the applicant or licensee resides, and shall give ten days' notice of the hearing to the applicant or licensee, except that the hearing may be set for a different place with the concurrence of the applicant or licensee and the period of notice may be waived.
Any decision by the department suspending or revoking a person's driving privilege shall be stayed and shall not take effect while a formal hearing is pending as herein provided or during the pendency of a subsequent appeal to superior court: PROVIDED, That this stay shall be effective only so long as there is no conviction of a moving violation or a finding that the person has committed a traffic infraction which is a moving violation during pendency of hearing and appeal: PROVIDED FURTHER, That nothing in this section shall be construed as prohibiting the department from seeking an order setting aside the stay during the pendency of such appeal in those cases where the action of the department is based upon physical or mental incapacity, or a failure to successfully complete an examination required by this chapter.
A formal hearing shall be conducted by the director or by a person or persons appointed by the director from among the employees of the department.
[ 1982 c 189 § 4; 1981 c 67 § 28; 1979 ex.s. c 136 § 61; 1972 ex.s. c 29 § 1; 1965 ex.s. c 121 § 36.]
NOTES:
Effective date—1982 c 189: See note following RCW 34.12.020.
Effective dates—Severability—1981 c 67: See notes following RCW 34.12.010.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Structure Revised Code of Washington
Chapter 46.20 - Drivers' Licenses—Identicards.
46.20.001 - License required—Rights and restriction.
46.20.005 - Driving without a license—Misdemeanor, when.
46.20.015 - Driving without a license—Traffic infraction, when.
46.20.017 - Immediate possession and displayed on demand.
46.20.022 - Unlicensed drivers—Subject to Title 46 RCW.
46.20.024 - Unlawful to allow unauthorized minors to drive.
46.20.027 - Armed forces, dependents.
46.20.035 - Proof of identity.
46.20.037 - Facial recognition matching system.
46.20.041 - Persons with physical or mental disabilities or diseases.
46.20.045 - School bus, for hire drivers—Age.
46.20.049 - Commercial driver's license—Additional fee, disposition.
46.20.055 - Instruction permit.
46.20.070 - Juvenile agricultural driving permit.
46.20.075 - Intermediate license.
46.20.091 - Application—Penalty for false statement—Driving records from and to other jurisdictions.
46.20.0921 - Violations—Penalty.
46.20.095 - Instructional publication information.
46.20.100 - Persons under eighteen.
46.20.105 - Identifying types of licenses and permits.
46.20.109 - Wheelchair conveyances.
46.20.113 - Anatomical gift statement.
46.20.1131 - Information for organ donor registry.
46.20.114 - Preventing alteration or reproduction.
46.20.120 - Examinations—Waiver—Fees—Renewals—Administration.
46.20.125 - Waiver—Agreement with other jurisdictions.
46.20.130 - Content and conduct of examinations.
46.20.153 - Voter registration—Posting signs.
46.20.155 - Voter registration, update—Services.
46.20.156 - Voter registration—Automatic—Enhanced driver's licenses and identicards.
46.20.157 - Data to consolidated technology services agency—Confidentiality.
46.20.181 - Expiration date—Renewal—Fees—Penalty.
46.20.185 - Photograph during renewal.
46.20.187 - Registration of sex offenders.
46.20.191 - Compliance with federal REAL ID Act of 2005 requirements—Department safeguards.
46.20.1921 - Compliance with federal REAL ID Act of 2005 requirements—Design feature restrictions.
46.20.195 - Identicard program for homeless individuals.
46.20.200 - Lost, destroyed, or corrected licenses, identicards, or permits.
46.20.2021 - Statewide education campaign for border-crossing initiative.
46.20.205 - Change of address or name.
46.20.215 - Nonresidents—Suspension or revocation—Reporting offenders.
46.20.220 - Vehicle rentals—Records.
46.20.265 - Juvenile driving privileges—Revocation for alcohol or drug violations.
46.20.267 - Intermediate licensees.
46.20.270 - Driving offenses—Procedures—Definitions.
46.20.285 - Offenses requiring revocation.
46.20.286 - Adoption of procedures.
46.20.289 - Suspension for failure to respond, appear, etc.
46.20.2891 - Moving violation, definition by rule—Notice.
46.20.2892 - Traffic infractions for moving violations—Suspension—Probation—Notice.
46.20.291 - Authority to suspend—Grounds.
46.20.292 - Finding of juvenile court officer.
46.20.293 - Minor's record to juvenile court, parents, or guardians.
46.20.300 - Extraterritorial convictions.
46.20.308 - Implied consent—Test refusal—Procedures.
46.20.3101 - Implied consent—License sanctions, length of.
46.20.311 - Duration of license sanctions—Reissuance or renewal.
46.20.315 - Surrender of license.
46.20.317 - Unlicensed drivers.
46.20.320 - Suspension, etc., effective although certificate not delivered.
46.20.322 - Interview before suspension, etc.—Exceptions—Appearance of minor's parent or guardian.
46.20.323 - Notice of interview—Contents.
46.20.324 - Persons not entitled to interview or hearing.
46.20.325 - Suspension or probation before interview—Alternative procedure.
46.20.326 - Failure to appear or request interview constitutes waiver—Procedure.
46.20.327 - Conduct of interview—Referee—Evidence—Not deemed hearing.
46.20.328 - Findings and notification after interview—Request for formal hearing.
46.20.329 - Formal hearing—Procedures, notice, stay.
46.20.331 - Hearing and decision by director's designee.
46.20.332 - Formal hearing—Evidence—Subpoenas—Reexamination—Findings and recommendations.
46.20.333 - Decision after formal hearing.
46.20.334 - Appeal to superior court.
46.20.335 - Probation in lieu of suspension or revocation.
46.20.338 - Display or possession of invalidated license or identicard.
46.20.342 - Driving while license invalidated—Penalties—Extension of invalidation.
46.20.345 - Operation under other license or permit while license suspended or revoked—Penalty.
46.20.349 - Stopping vehicle of suspended or revoked driver.
46.20.355 - Alcohol violator—Probationary license.
46.20.385 - Ignition interlock driver's license—Application—Eligibility—Cancellation—Costs—Rules.
46.20.394 - Detailed restrictions—Violation.
46.20.400 - Obtaining new driver's license—Surrender of order and current license.
46.20.410 - Penalty—Violation.
46.20.500 - Special endorsement—Penalties—Exceptions.
46.20.505 - Special endorsement fees.
46.20.510 - Instruction permit—Fee—Examinations—Director may adopt and enforce rules.
46.20.515 - Examination—Emphasis—Administration—Waiver.
46.20.520 - Training and education program—Advisory board.
46.20.710 - Legislative finding.
46.20.740 - Notation on driving record—Verification of interlock—Penalty, exception.
46.20.745 - Ignition interlock device revolving account program—Pilot program.
46.20.750 - Circumventing ignition interlock—Penalty—Notice.
46.20.755 - Local verification of ignition interlock device installation—Immunity.